Page:United States Statutes at Large Volume 106 Part 2.djvu/605

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PUBLIC LAW 102-385—OCT. 5, 1992 106 STAT. 1485 "(i) determine the maximum reasonable rates that a cable operator may establish pursuant to p£u*agraph (1) for commercial use of designated channel capacity, including the rate charged for the billing of rates to subscribers and for the collection of revenue from subscribers by the cable operator for such use; "(ii) establish reasonable terms and conditions for such use, including those for billing and collection; and " (iii) establish procedures for the expedited resolution of disputes concerning rates or carriage under this section. "(B) Within 180 days after the date of enactment of this para- Regulations. graph, the Commission shall establish rules for determining maximum reasonable rates under subparagraph (A)(i), for establishing terms and conditions under subparagraph (A)(ii), and for providing procedures under subparagraph (A)(iii).". (c) ACCESS FOR QUALITY MINORITY PROGRAMMING SOURCES AND QUALIFIED EDUCATIONAL PROGRAMMING SOURCES. — Section 612 of such Act (47 U.S.C. 532) is amended by adding at the end thereof the following new subsection: "(i)(l) Notwithstanding the provisions of subsections (b) and (c), a cable operator required by this section to designate channel capacity for commercial use may use any such channel capacity for the provision of programming from a qualified minority programming source or from any qualified educational programming source, whether or not such source is aftiliated with the cable operator. The channel capacity used to provide programming from a qualified minority programming source or from any qualified educational programming source pursuant to this subsection may not exceed 33 percent of the channel capacity designated pursuant to this section. No programming provided over a cable system on July 1, 1990, may qualify as minority programming or educational programming on that cable system under this subsection. "(2) For purposes of this subsection, the term 'qualified minority programming source' means a programming source which devotes substantially all of its programming to coverage of minority viewpoints, or to programming directed at members of minority groups, and which is over 50 percent minority-owned, as the term 'minority is defined in section 309(i)(3)(C)(ii). "(3) For purposes of this subsection, the term 'qualified educational programming source' means a programming source which devotes substantially sdl of its programming to educationed or instructional programming that promotes public understanding of mathematics, the sciences, the humanities, and the arts and has a dociunented annual expenditure on programming exceeding $15,000,000. The annual expenditure on programming means all annual costs incurred by the programming source to produce or acquire programs which are scheduled to be televised, and specifically excludes marketing, promotion, satelUte transmission and operational costs, and general administrative costs. "(4) Nothing in this subsection shall substitute for the requirements to carry qualified noncommercial educational television stations as specified under section 615..". (d) CONFORMING AMENDMENT.—Paragraph (5) of section 612(b) of the Communications Act of 1934 (47 U.S.C. 532(b)) is amended to read as follows: